W. Va. Code R. agency 47, tit. 47, ser. 47-10, app B
A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of section 13.2 if it contains, grows, or holds aquatic animals in either of the following categories:
(a) Cold water fish species or other cold water aquatic animals in ponds, raceways or other similar structures that discharge at least thirty (30) days per year, but not including:
(1) Facilities that produce less than nine thousand ninety (9,090) harvest weight kilograms (approximately twenty thousand (20,000) pounds) of aquatic animals per year; and
(2) Facilities that feed less than two thousand two hundred seventy-two (2,272) kilograms (approximately five thousand (5,000) pounds) of food during the calendar month of maximum feeding.
(b) Warm water fish species or other warm water aquatic animals in ponds, raceways or other similar structures that discharge at least thirty (30) days per year, but not including:
(1) Closed ponds that discharge only during periods of excess runoff; or
(2) Facilities that produce less than forty-five thousand four hundred fifty-four (45,454) harvest weight kilograms (approximately one hundred thousand (100,000) pounds) of aquatic animals per year.
"Cold water aquatic animals" include, but are not limited to, the Ameiuride, Centrarachidae and Cyprinidae families of fish (e.g., respectively, catfish, sunfish and minnows).
W. Va. Code R. agency 47, tit. 47, ser. 47-10, app B